Presents The Eighteenth Annual Canadian IT Law Association Conference

Transcription

1 Presents The Eighteenth Annual Canadian IT Law Association Conference October 20 21, 2014 The Marriott Chateau Champlain Hotel 1, Place du Canada, Montréal, QC Accreditation Law Society of Upper Canada: This program can be applied towards the 9 substantive hours of Continuing Professional Development (CPD) required by the LSUC. Roundtable 1 is accredited for 1.5 Professionalism hours. Barreau du Québec: This program has been submitted for certification for 16 hours of CLE by the Barreau du Québec. Law Society of British Columbia: Attendance at this conference can be listed as 16 hours of CLE in completing your Annual Report to the LSBC. Law Society of New Brunswick: This program has been submitted for 16 hours of CLE by the Law Society of New Brunswick. About the Conference This annual conference seeks to provide information technology ( IT ) lawyers with an opportunity to learn about the most recent and significant developments in Canadian and international IT Law, to benefit from an analysis of such developments as provided by leading practitioners and government officials and to network with leading practitioners in the area. The main object of this two-day conference will be to provide succinct and topical updates on developments in various areas of IT law as they relate to Canada. Who should attend Corporate/Commercial Lawyers specializing in IT, IP, and related areas In-House Counsel Procurement Counsel Government Lawyers IT License & Contract Managers/Directors of Operations CIO s / CTO s / CPO s Canadian IT Law Association/l Association canadienne du droit des technologies de l information Tel: (905) Website: lisa.ptack@rogers.com

2 Day 1: Monday, October 20, :00 9:00 am Registration & Continental Breakfast Hosted by: Bereskin & Parr llp 9:00 9:15 am Opening Remarks & Welcome Co-Chairs: Marie-Hélène Constantin, Blake, Cassels & Graydon llp (Montréal) Michael Erdle, Deeth Williams Wall llp (Toronto) 9:15 10:45 am Annual Update on IP Issues for Information Technology Dr. Sunny Handa, Blake, Cassels & Graydon llp (Montréal) Trade-Marks & Domain Names Martin Kratz, Bennett Jones llp (Calgary) Bill C-31 and substantial reform of the Trade-Mark Act Impact of adherence to new trade-mark treaties Expansion of the international domain name system TM clearing house initiative Developments on the use of trade-marks and domain names in Quebec under the French language laws Recent developments on damages Enforcement strategies and developments in China Copyright Professor Ysolde Gendreau, Faculty of Law, Université de Montréal (Montréal) Application of damages in civil vs. common law jurisdictions: Robinson Recent cases on statutory damages Waiting for the notice and notice regime Thoughts on the hosting safe harbour exception Exceptions vs. permissions: How explicit need they be? Update on a Canadian response to ACTA United States: Update on Aereo United Kingdom & EU: UK Intellectual Property Office Guidelines June 2014 Expanded scope of fair dealing Copyright after Usedsoft and after Svensson EU report on private copying Patents Victor Krichker, Bereskin & Parr llp (Toronto) Legislative developments: Implementation of the Patent Law Treaty and the Hague System in Canada Anti-Troll legislation in the US Unitary Patent System and Unified Patent Court in Europe Important decisions of the past year: FCA decision in Eurocopter and its extension of promise of the patent doctrine Canadian Patent Appeal Board decisions: Where does CIPO stand on statutory subject matter post Amazon? USSC decision in CLS v Alice Bank: Will we get more certainty on the test for statutory subject matter in the US? US Federal Circuit decision in Commil v Cisco and induced infringement 10:45 11:00 am Hosted by: Blake, Cassels & Graydon llp 11:00 am 12:30 pm Roundtables Set #1 (1 & 2 in am only, 5, 6) 12:30 2:00 pm Luncheon & Guest Speaker Hosted by: Deeth Williams Wall llp Keynote Olga Ziman Sabbagh, Legal Counsel, Interac Association and Acxsys Corporation (Toronto) 2:15 3:45 pm Roundtables Set #1 (3 & 4 in pm only, 5, 6) 3:45 4:00 pm Hosted by: Blake, Cassels & Graydon llp 4:00 5:30 pm Cybersecurity: Mitigating Business Risk Éloïse Gratton, McMillan llp (Montréal) Russell Cohen, Orrick, Herrington & Sutcliffe llp (San Francisco) Dr. Avner Levin, Director, Privacy & Cybercrime Institute, Ryerson University (Toronto) Mark Mermelstein, Orrick, Herrington & Sutcliffe llp (Los Angeles) Benoit-Luc St. Pierre, Manager, Management and Risk Consulting. KPMG llp (Montréal) Global update on cyberlegislation The age of global cyber-surveillance post Edward Snowden: State surveillance of personal and business information Review of Canada s recent bills (C-13 and S-4) Privacy challenges and risks Implications for IT contracting practices: Vendor pushback on negotiating security Practical advice on how to avoid/mitigate the risk Cybersecurity technical update: Current risks and challenges for business New industry security standards and certifications Cyber breach risk assessment and effective response Approaches to data loss prevention Cyber risk insurance issues Data breach best practices: Transparency v. security under mandatory breach notification 5:30 pm Closing Remarks for Day 1 5:45 6:00 pm IT.CAN Annual General Meeting (For All IT.CAN Members) 7:00 pm Ticketed Dinner (See Details on Registration Form) Location: Ostaria Rosalie, 1232 rue de la Montagne, Montreal Day 2: Tuesday, October 21, :00 8:45 am Registration & Continental Breakfast 8:45 9:00 am Opening Remarks & Welcome Co-Chairs: Marie-Hélène Constantin, Blake, Cassels & Graydon llp (Montréal) Michael Erdle, Deeth Williams Wall llp (Toronto) 9:00 10:30 am Evolution of IT Licensing: From Software Licensing to Software as a Service Robert Percival, Norton Rose Fulbright Canada llp (Toronto) Dr. Sam De Silva, Pennington Manches llp (Oxford, UK) Daniel Glazer, Fried, Frank, Harris, Shriver & Jacobson llp (New York, NY) Lisa R. Lifshitz, Torkin Manes llp (Toronto) The move from traditional licensing models towards SaaS Risk allocation: Current trends in representations and warranties, limitations on liability and indemnities Comparing Canadian, European and US approaches to IT licensing and SaaS High transaction costs for IT contracting: Changing pricing models Cloud 2.0: IP ownership/access/security and evolving standards Business continuity 2 3 Market developments/trends from commoditization of standard terms & conditions for service contracts, SLAs to bespoke private cloud offerings International licensing updates, including: Usedsoft decision in light of EU Competition rules 10:30 10:45 am Hosted by: McMillan llp 10:45am 12:15 pm Roundtables Set #2 (7, 8, 9 and 10 in am only) 12:15 1:45 pm Luncheon & Guest Speaker Hosted By: McCarthy Tétrault llp Keynote George Takach, McCarthy Tétrault llp (Toronto) A Digital Strategy for Canada 2:00 3:30 pm Privacy and Information Governance Challenges in the Age of Big Data David Fraser, McInnes Cooper (Halifax) Jerrard B. Gaertner, President, Canadian Information Processing Society, Ontario (Toronto) Kateri-Anne Grenier, Norton Rose Fulbright Canada llp (Quebec, QC) Michael Power, Barrister & Solicitor (Toronto) Privacy compliance: Regulatory aspects Big Data information governance risks: Personal cloud, BYOD Advising on retention, preservation and destruction of Big Data Security: Managing meta-data integrity Big Data breach issues Business and IT perspective on Big Data Cross border data transfer issues Litigation and evidentiary challenges of Big Data Special considerations of predictive analytics 3:30 3:45 pm Hosted by: Torkin Manes llp 3:45 5:15 pm Roundtables Set #2 (7, 8, 9) 5:15 pm Conference Ends

3 Roundtables Day 1: October 20, IT and the Practice of Law: Whatever Happened to the Paperless Office? This session will be presented on Monday, October 20 in am only. This roundtable contains 1.5 Professionalism Hours as approved by the LSUC. Attendance at the other Roundtables may be claimed toward the Substantive CPD requirement. Monica Goyal, Founder of My Legal Briefcase and Aluvion Law (Toronto) John D. Gregory, General Counsel, Justice Policy Development Branch, Ministry of the Attorney General (Ontario) (Toronto) Automation today: What beginners should know; what experts shouldn t forget Making it work: Technology and the standard form Technology and negotiation Technology and security: Are lawyers the weakest link? Your online presence: Using, not abusing, social media The Rules of Professional Conduct still apply but how? Traps for the unwary: Unauthorized practice, forming client relationships, breach of confidence and more New answers to old questions: E-signatures today E-evidence today (it s not just about discovery) 2. Développements récents en TI en droit québécois (en francais) (This session will be presented in French on Monday, October 20th am only.) Conférenciers: Michel Généreux, GenereuxLegal Inc. (Montréal) François Lajeunesse, Senior Legal Counsel, Bell Canada (Montréal) Revue de la jurisprudence québécoise de l année ayant une incidence en TI, y compris en matière de contrats de licences, de contrats de services et d entreprises, et de droits d auteurs Impacts de l entrée en vigueur et application au Québec de la loi canadienne anti-pourriel Développements récents en matière de renseignements personnels Impacts du budget québécois sur les TI 3. Canada s New Anti-Spam Legislation: Compliance Challenges and Risk Mitigation Strategies Craig McDougall, Dentons Canada llp (Edmonton) J. Andrew Sprague, Miller Thomson llp (Toronto) This roundtable will enable participants to share their experiences working with CASL both within their own organizations and on behalf of clients. The focus will be on professional responsibility and practice management changes that participants have made within their own firms/companies and recommendations made to clients to ensure compliance with the new legislation. Discussion topics include: Experiences with implementing compliance programs for the anti-spam provisions for both clients and your own firm/ company Managing your personal contact lists and your compliance with firm policies Practical compliance challenges to date: Solutions and best practices Interpretational challenges with CASL and how organizations are addressing them Looking forward: Effective compliance management for CASL s computer program provisions in force January 15th Practice management and CASL: Compliance approaches that have worked and that have failed Enforcement actions taken under CASL by regulators to date and the implication for your clients, firm or company 4. Mobile Payment Technology Issues Yvon Audette, KPMG llp (Toronto) Wendy Gross, Osler Hoskin & Harcourt llp (Toronto) Daniel Logan, McCarthy Tétrault llp (Toronto) The current state of mobile payments in Canada New and emerging payment solutions The mobile payment ecosystem, terminology, operating models and players Key legal and compliance issues arising in the mobile payments context: Privacy Security Consumer protection Industry standards and certifications Understanding the key regulators, industry oversight bodies and networks Timothy Banks, Dentons Canada llp (Toronto) Peter Ruby, Goodmans llp (Toronto) Legislative update: Bill S-4, Bill C-13 and more Case law update: Significant developments in data security and ecommerce Do not track: Dead or alive? Computer program provisions and CASL: Outstanding issues Revenue authorities roundup: What s new for e-commerce sites and digital currency Internet of everything: Regulatory statements on mobile apps and internet of things 6. A Checklist of Issues for Doing Business in Quebec Hélène Deschamps-Marquis, Blake, Cassels & Graydon llp (Montréal) Anny Lafrance, Conseillère juridique principale/sr. Legal Counsel, Electronic Arts (Canada) Inc. (Montréal) Michel Solis, Solis Juritech (Montréal) Contracts of adhesion and external clauses The right to terminate service contracts just about anytime Lobbying registration when selling to government or a government owned corporation Quebec s Financial Markets Authority s seal of approval for larger contracts French language issues Advertising online in Québec TM clearing house Employment issues Class action exposure Roundtables Day 2: October 21, Strategic Use of Outsourcing Arrangements Richard Austin, Counsel, Deeth Williams Wall llp (Toronto) Richard F.D. Corley, Goodmans llp (Toronto) Peter Miscevich, Assistant General Counsel, Bell Canada (Toronto) From tactical to strategic: Changing customer requirements Expanding and evolving delivery options Managing complexity: Customer as integrator Governance of multi-vendor environments Unique requirements of business process outsourcing transaction Alignment of incentives Contractual implications: Enterprise master agreements Emerging cyber-security issues and challenges Security in multi-vendor environments Service levels and enforceability 8. Global Practice Issues: The Intersection of Anti-Corruption and Technology Jonathan P. Armstrong, Cordery (London, UK) Jon Pomykala, Regional Director, Consilio (Washington, DC) Kristine Robidoux, QC, Gowling Lafleur Henderson llp (Calgary) 4 5 Data protection and anti-corruption law: Canada, US and UK US Foreign Corrupt Practices Act ( FCPA ): Application to subsidiaries in Canada Canadian Corruption of Foreign Officials Act ( CFPOA ) UK Bribery Act 2010 Extra-territorial application Conflict between the requirements and data protection and privacy rights What is an unethical business practice? What do bribery schemes look like in various jurisdictions? Effective compliance strategies for companies doing business abroad Implementing effective internal anti-corruption compliance programs Industry sector standards for transparency in reporting payments and profits from foreign business affairs Anti-corruption and technology procurement 9. Mobile and Telecommunications Contracting Roger Watkiss, Norton Rose Fulbright Canada llp (Toronto) Catherine A. Workun, Q.C., Senior Counsel, TELUS Legal Services (Edmonton) Scope of services: Voice and data Data hosting Wireless and land lines Co-location Acquiring telecom services as part of your IT agreement Regulation in the mobile and telecommunications environment Spectrum issues Contracting do s and don ts Contracting for mobile apps BYOD and related issues 10. The Current State of Net Neutrality Todd Daubert, Dentons (Washington, DC) Charles Morgan, McCarthy Tétrault llp (Montréal) Open vs. closed Internet: Impact on technology related transactions Recent US issues: Comcast and Time Warner merger Apple and Netflicks decisions Understanding the positions of telecommunications companies The current legal landscape in Canada Canadian deep packet inspection decision * The likely consequences for Canada as a result of the current upheaval in the United States

4 Registration Information Registration: All fees include breakfasts, networking breaks, lunches and access to conference materials. A current address is required in order to receive your confirmation. Hotel Reservations: The Marriott Chateau Champlain Hotel, 1 Place du Canada, Montreal, QC. Special group rate is $169 plus services and taxes. Tel: ; Direct Tel: (Group rate for Canadian IT Law Association code: CIL). Booking Website: Cancellations: Refunds for conference fees will be made if requested by , received by SATURDAY, SEPTEMBER 20, Substitutions will be permitted after this date. There will be NO exceptions. A processing fee of $100 (+ $13 hst) will be charged for refunds. The address is lisa.ptack@rogers.com How to Register: No faxed registrations please. By credit card: use our secure, online registration form at By cheque: mail the original, fully completed registration form to Lisa Ptack, IT.CAN Executive Director, 1 Promenade Circle, P.O. Box 918, Thornhill, ON L4J 8G7. An address is required in order to receive a confirmation. Payment MUST accompany registration. Payment: Payment can be made by cheque, Visa or MasterCard ONLY. Please make cheque payable to Canadian IT Law Association. Queries: Contact Lisa Ptack at lisa.ptack@rogers.com. Registration Form The Eighteenth Annual Canadian IT Law Association Conference October 20 21, 2014 The Marriott Chateau Champlain Hotel 1, Place du Canada, Montréal, QC Online registration by credit card: Via our secure site at Registration by mail: Please complete all boxes on form and forward with payment by cheque or credit card to Lisa Ptack, IT.CAN Executive Director, 1 Promenade Circle, P.O. Box 918, Thornhill, ON L4J 8G7 No faxed registrations please. Payment must accompany registration. Name Firm/Company Title Street Suite City Prov Postal Code Telephone IT.CAN is pleased to thank the following sponsors: Bereskin & Parr llp Blake, Cassels & Graydon llp Blaney McMurtry llp Deeth Williams Wall llp Mann Symons llp McCarthy Tétrault llp McMillan llp Norton Rose Fulbright Canada llp Osler, Hoskin & Harcourt llp Torkin Manes llp Backbone Magazine FEES Early Bird Fee until September 20, 2014 After September 20, 2014 IT.CAN Member $1400 (plus $ tax) $ $1500 (plus $ tax) $ Non-IT.CAN Member $1600 (plus $ tax) $ $1700 (plus $ tax) $ Academic/In-House Counsel/ Government/Non-Lawyer $925 (plus $ tax) $ $1025 (plus $ tax) $ Student $200 (plus $29.95 tax) $ $200 (plus $29.95 tax) $ Roundtable Schedule Monday, October 20, 2014 (11:00 am 12:30 pm) 1. IT and the Practice of Law: Whatever Happened to the Paperless Office? (am session only) 2. Développements récents en TI en droit québécois (en francais) (am session only) 6. A Checklist of Issues for Doing Business in Quebec Monday, October 20, 2014 (2:15 3:45 pm) 3. Canada s New Anti-Spam Legislation: Compliance Challenges and Risk Mitigation Strategies (pm session only) 4. Mobile Payment Technology Issues (pm session only) 6. A Checklist of Issues for Doing Business in Quebec Tuesday, October 21, 2014 (10:45 am 12:15 pm) 7. Strategic Use of Outsourcing Arrangements 8. Global Practice Issues: The Intersection of Anti- Corruption and Technology 9. Mobile and Telecommunications Contracting 10. The Current State of Net Neutrality (am session only) Tuesday, October 21, 2014 (3:45 5:15 pm) 7. Strategic Use of Outsourcing Arrangements 8. Global Practice Issues: The Intersection of Anti- Corruption and Technology 9. Mobile and Telecommunications Contracting SEATING IS LIMITED SO REGISTER EARLY Ticketed Dinner If you wish to attend the dinner on Tuesday, October 21, please check this box and add $99.00 (plus $14.83 tax) per person (includes gratuity) to your registration fee. Spouses/partners are welcome. Seating is limited. PAYMENT For credit card payment, please register via our secure online registration page at Alternatively you can fill in the information below and pay by mail. Cheque or Please charge my Visa MasterCard Card Number Expiry Date Signature Name of credit card holder (if different from registrant) Address of credit card holder: Street City Postal Code 6 7 No. of persons ($ $14.83 tax = $113.83) Total Enclosed: hst registration #: rt

5 The Eighteenth Annual Canadian IT Law Association Conference October 20 21, 2014 The Marriott Chateau Champlain Hotel 1, Place du Canada, Montréal, QC About IT.CAN The Canadian IT Law Association/l Association canadienne du droit des technologies de l information (it.can) is an association which brings together Canadian and international IT law practitioners in the field of Information Technology law. We are a national forum seeking to foster the discussion of specifically Canadian legal developments in this increasingly innovative and topical field, a goal which has been greeted with an enthusiastic response from the IT Law community. IT.CAN Membership If you are interested in becoming a member of IT.CAN, please visit our website at for full details including the membership form. Conference Organization IT.CAN would like to thank the following members of the Planning Committee: Chairs: Marie-Hélène Constantin, Blake, Cassels & Graydon llp Michael Erdle, Deeth Williams Wall llp Richard Austin, Counsel, Deeth Williams Wall llp Nancy Clemans, Sternthal Katznelson Montigny llp Richard F.D. Corley, Goodmans llp Frank Giblon, Cognition llp Brian W. Gray, Norton Rose Fulbright Canada llp François Lajeunesse, Senior Counsel, Bell Canada Jonathan Lee Hickey, Senior Legal Counsel, Québecor Media Inc. Committee: Lisa R. Lifshitz, Torkin Manes llp Craig McDougall, Dentons Canada llp Richard Pearse, Senior Counsel, ehealth Ontario J. Andrew Sprague, Miller Thomson llp Elisabeth Symons, Mann Symons llp Jim Vibert, Chief Country Counsel, Office of the General Counsel, Hewlett-Packard (Canada) Co. Roger Watkiss, Norton Rose Fulbright Canada llp If the person to whom we have sent this brochure is no longer with the company, please pass it along to someone else in the legal or IT department; or simply send it back to us and we will remove the name from our mailing list.